A neutral party who does not represent any individual
party in the case who will be asked by the Court to make representations
from an independent viewpoint

Ante

BEFORE

An indication within text to refer to an earlier
passage

B

Bona Fide

IN GOOD FAITH

A Bona Fide Agreement is one entered into genuinely
without attempt to fraud

Bona Vacantia

Denotes the absence of any known person entitled to
the estate of a deceased person

C

Caveat

BEWARE/TAKE CARE

An entry in the court records that effectively
prevents action by another party without first notifying the party
entering the Caveat

Compos Mentis

OF SOUND MIND

Legally fit to conduct/defend proceedings

Cor (Coram)

IN THE PRESENCE OF

certiorari

to be informed of, or to be made certain in regard to

The U.S. Supreme Court still uses the term certiorari
in the context of appeals

D

De Bonis Non Administratis

OF GOODS NOT ADMINISTERED

A person appointed to administer an estate following
the death of the original administrator

De Facto -

IN FACT

"As a matter of fact"

De Jure

BY RIGHT

Doli Incapax

Incapable of crime

Duces Tecum

BRING WITH YOU

Order to produce document to court

E

Erratum

AN ERROR

Exempli Gratia (eg)

FOR EXAMPLE -

Used when qualifying a statement by explaining
through a relevant example

Ex Gratia

AS A MATTER OF FAVOUR

An Ex Gratia payment would be awarded without the
acceptance of any liability or blame

Ex Officio

BY VIRTUE OF HIS OFFICE

A magistrate sitting with a judge at the Crown Court
would appear ex officio in a case where no judicial function is to be
exercised by the magistrate eg case committed to Crown Court for sentence
only

Ex Parte

BY A PARTY

An ex parte application is made to the Court during
proceedings by one party in the absence of another or without notifying
the other party

Ex Post Facto

BY A SUBSEQUENT ACT

Something that occurs after the event but having a
retrospective effect

F

Forum Conveniens

AT A CONVENIENT PLACE

A Court having jurisdiction in a particular case

Functus Officio

HAVING DISCHARGED DUTY

A judicial or official person prevented from taking a
matter further because of limitation by certain regulations

H

Habeas Corpus

PRODUCE THE BODY

A writ which directs a person to produce someone held
in custody before the court

I

Ibid

IN THE SAME PLACE

Used in text to refer to a page previously mentioned

Id Est (ie) -

THAT IS TO SAY

Used as a description to explain a statement

Ignorantia Juris non excusat -

IGNORANCE OF THE LAW IS NO EXCUSE

If committing an offence a guilty party cannot use as
a defence the fact that they did so without knowledge that they were
breaking the law

In Camera

IN THE CHAMBER

The hearing of a case in private without the facts
being reported to the public

In Curia

IN OPEN COURT

The hearing of a case before a court sitting in
public

In Personam

AGAINST THE PERSON

Proceedings issued against or with reference to a
specific person - an admiralty action in personam would be issued against
the owner of a ship

In Re

IN THE MATTER OF

A heading in legal documents which introduces the
title of the proceedings

In Rem

AGAINST THE MATTER

Proceedings issued or directed against property as
opposed to a specific person - an admiralty action in rem would be issued
against the ship itself

Inter Alia

AMONG OTHER THINGS

Indicates that the details given are only an extract
from the whole

In Situ

IN ITS ORIGINAL SITUATION

Intra

WITHIN

Intra Vires (See Ultra Vires)

WITHIN THE POWER OF

An act that falls within the Jurisdiction of the
Court

Ipso Facto

BY THE FACT

The reliance upon facts that together prove a point

L

Locus in quo

THE PLACE IN WHICH

during proceedings may be used as reference to
subject matter ie scene of accident

M

Mens Rea

GUILTY MIND

The intention to commit an offence whilst knowing it
to be wrong

Mutatis Mutandis -

THE NECESSARY CHANGES BEING MADE

Denotes that instructions should not be followed
verbatim but by amending where necessary

N

Non Compos Mentis

NOT SOUND IN MIND

A person classed as unfit to conduct/defend legal
proceedings

Nota Bene (nb)

NOTE WELL

An abbreviation denoting that the reader of an
article should make a particular note of the article mentioned.

Nulla Bona

NO EFFECTS

A return entered by a Sheriff to a High Court writ of
execution which indicates the defendant had no goods of any value to
remove

Nolo Contendre

"no
contest"

A
plea of no contest allowing a conviction to be found without trial or
admission of guilt

O

Obiter Dictum

A SAYING BY THE WAY

Words said in passing by a Judge on a legal point but
not constituting part of the evidence or judgment

P

Per

AS STATED BY

Per Capita

BY HEADS

eg the cost is £50 per capita - £50 each person

Per Pro (pp)

THROUGH ANOTHER

A person delegated to act for another

Per Se

BY ITSELF

Denoting that the topic should be taken alone

Post

AFTER

An indication to refer to something to be found
further on

Prima Facie

FIRST SIGHT

Prima Facie evidence would be considered sufficient
to prove a case unless disproved - if no Prima Facie evidence can be
offered there is no case to answer

Pro Forma

A MATTER OF FORM

Pro Forma procedure is performed subject to and
following an agreed manner

Pro Rata

IN PROPORTION

Dividends distributed on a Pro Rata basis would be
according to the amount of investment

Pro Tempore (Pro Tem)

FOR THE TIME BEING -

Temporarily

Q

Quasi

AS IF

Any person exercising powers similar to those of a
judge would be sitting in a Quasi-Judicial capacity

R

Ratio Decidendi

The principles of law applied by a Court upon which a
judicial decision is based

Res Judicata

A THING ADJUDGED

Once a case has been finally decided upon by a Court
the same parties cannot attempt to raise the issue by or during further
proceedings

Res Ipsa Loquitur

THE THING SPEAKS FOR ITSELF

An event that has occurred which, if the subject of
litigation, would not require an onus of proof by the plaintiff because of
the obvious negligence of the defendant

S

Semble

IT APPEARS

Sine Die

WITHOUT A DAY

A hearing adjourned sine die stands open indefinitely
without a further hearing having been allocated

Sub Judice

IN THE COURSE OF TRIAL

Whilst a court case is under consideration.
Proceedings are sub-Judice and details cannot be disclosed

Subpoena ad Testificum

TO PRODUCE EVIDENCE

A writ directed to a person commanding him/her, under
a penalty, to appear before a Court and give evidence

Subpoena Duces Tecum

"UNDER
PENALTY" "TO BRING WITH YOU"

A type of subpoena, usually issued at the request of
a party, by which a court orders a witness to produce certain documents at
a deposition or trial. However, when one party wants an opposing party to
produce documents, a different discovery device, called a Request for
Production of Documents, is often used instead

Stare Decisis
.

"To
abide by decided cases"

The
doctrine compelling courts to honor the prior decision of courts on the
same issue

Voir dire

"to speak the truth."

French for "to speak the truth." The
process through which potential jurors are questioned by either the judge
or a lawyer to determine their suitability for jury service. Also the
preliminary questioning of witnesses to determine their competence to
testify. See, e.g. Peretz v. United States, 501 U.S. 923 (1991).